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Gilbert v. Howard

Supreme Court of North Carolina
Apr 1, 1909
64 S.E. 1134 (N.C. 1909)

Opinion

(Filed 7 April, 1909.)

APPEAL by defendants from Jones, J., at October Term, 1908, of DURHAM.

Fuller Reade, Aycock Winston and Bryant Brogden for plaintiffs.

Bramham Brawley for defendants.


In this case no error was found on appeal, and the rights of the parties were determined in a former appeal ( 147 N.C. 314.)


We agree with counsel for appellant that the (790) matter involved "is largely a question of construction and interpretation of the written agreement" between the parties.

We further agree with counsel for appellees that "When this case came before the Court ( 147 N.C. 314) before, the contract sued on was interpreted" and the rights of the parties to it were determined.

The matters presented on this appeal are entirely of fact, and in the trial we find

No error.


Summaries of

Gilbert v. Howard

Supreme Court of North Carolina
Apr 1, 1909
64 S.E. 1134 (N.C. 1909)
Case details for

Gilbert v. Howard

Case Details

Full title:A. P. GILBERT AND W. R. KUKER v. J. H. HOWARD AND A. LYON ET AL

Court:Supreme Court of North Carolina

Date published: Apr 1, 1909

Citations

64 S.E. 1134 (N.C. 1909)
150 N.C. 789